Home/Appellate Division of the Supreme Court of New York/Klejmont v. Washingtonville Central School District

Klejmont v. Washingtonville Central School District

110 A.D.2d 885
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 29, 1985
StatusPublished

This text of 110 A.D.2d 885 (Klejmont v. Washingtonville Central School District) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Klejmont v. Washingtonville Central School District, 110 A.D.2d 885 (N.Y. Ct. App. 1985).

Opinion

[886]*886Special Term properly denied leave to serve a late notice of claim. Plaintiffs had failed to make application for an extension of time to do so prior to the expiration of the Statute of Limitations period, thus depriving the court of power to authorize belated service (see, Pierson v City of New York, 56 NY2d 950; Hochberg v City of New York, 99 AD2d 1028, affd 63 NY2d 665 for reasons stated in mem at App Div). Nor is there any basis for the application of an estoppel (Public Improvements v Board of Educ., 56 NY2d 850; Thomas v City of New York, 102 AD2d 867; Luka v New York City Tr. Auth., 100 AD2d 323, affd 63 NY2d 667 for the reasons stated in opn of Justice Bloom at App Div). Mollen, P. J., Titone, O’Connor and Rubin, JJ, concur.

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Related

Luka v. New York City Transit Authority
468 N.E.2d 706 (New York Court of Appeals, 1984)
Hochberg v. City of New York
468 N.E.2d 706 (New York Court of Appeals, 1984)
Public Improvements, Inc. v. Board of Education
438 N.E.2d 876 (New York Court of Appeals, 1982)
Pierson v. City of New York
439 N.E.2d 331 (New York Court of Appeals, 1982)
Hochberg v. City of New York
99 A.D.2d 1028 (Appellate Division of the Supreme Court of New York, 1984)
Luka v. New York City Transit Authority
100 A.D.2d 323 (Appellate Division of the Supreme Court of New York, 1984)
Thomas v. City of New York
102 A.D.2d 867 (Appellate Division of the Supreme Court of New York, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
110 A.D.2d 885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klejmont-v-washingtonville-central-school-district-nyappdiv-1985.